New opinion: Third Circuit clarifies that a single act of harassment can establish a hostile work environment

The Third Circuit today reversed a district court’s dismissal of an employment-discrimination suit. The court resolved its inconsistent caselaw on the harassment necessary to establish a hostile work environment, stating, “The correct standard is ‘severe or pervasive.” Applying this standard, the court held that a single act of harassment — a supervisor’s use of what the opinion called “the ‘n-word'” — constituted severe conduct sufficient to state a hostile-work-environment claim.

Joining Ambro were Vanaskie and Restrepo. Arguing counsel were Richard Swartz of Swartz Swidler for the employees and Donna Walsh of Myers Brier for the employers.